Your back suffered an injury in a car accident, and another person caused it. What are your legal options? In most cases you can file a personal injury claim against the liable party for your back injury and other losses. A skilled personal injury attorney fights to secure fair compensation for your medical bills, lost earnings, pain and suffering, and more.
Back Injury Statistics In Accidents
Back injuries are a significant concern in accidents across the United States, occurring in various contexts such as car accidents, workplace incidents, and slip-and-fall cases.
Approximately two million back injuries occur annually in the U.S., with 80 percent of adults experiencing a back injury in their lifetime. In motor vehicle accidents, which are a leading cause of back injuries, the National Safety Council reported 5.1 million medically consulted injuries in 2023, with back injuries being a common outcome due to the forceful impact of collisions.
Specifically, motor vehicle crashes accounted for 37.5 percent of spinal cord injuries between 2015 and 2023, with about 18,000 spinal cord injuries occurring yearly, many involving the back. These injuries range from soft tissue strains to severe cases like herniated discs or spinal fractures, contributing to significant medical costs and disability.
In workplace accidents, back injuries are particularly prevalent, accounting for one in five workplace injuries or illnesses, with over 1 million back injuries reported annually. According to the Bureau of Labor Statistics 2016, 38.5 percent of work-related musculoskeletal disorders (134,550 out of 349,050 cases) involved the back, often due to overexertion or repetitive motion, with 75 percent of these injuries occurring during lifting tasks.
Lower back injuries dominate, comprising 80 percent of workplace back injuries, and workers in healthcare, construction, and transportation face the highest risks, with healthcare workers sustaining 4.5 times more overexertion-related back injuries than other sectors. These injuries lead to an average of 12 days away from work.
What Causes Back Injuries In Personal Injury Claims?
Car accidents are the most common reason for back injuries in personal injury claims. Rear-end collisions, side-impact crashes, or head-on accidents can cause whiplash, herniated discs, or spinal fractures due to the abrupt jolting of the body. For example, a driver who runs a red light and strikes another vehicle may cause the victim’s spine to absorb significant force, leading to soft tissue damage or chronic back pain.
In negligence, such as distracted driving, speeding, or driving under the influence, often contributes to these accidents. The severity of the injury often stems from factors like the collision’s speed, seatbelt use, and the victim’s pre-existing health conditions. Proving the other driver’s negligence is key to establishing liability in these cases.
Who May Be Liable For My Back Injury?
Determining who may be liable for a back injury in a lawsuit depends on the specific circumstances of the incident, the applicable legal principles, and the parties responsible for causing or contributing to the injury. Possible liable parties include:
Property Owners in Premises Liability Cases
If your back injury resulted from a slip and fall or other incident on someone else’s property, the property owner, lessee, occupant, or manager may be liable under premises liability law. It holds property owners responsible for injuries caused by their failure to exercise reasonable care in maintaining a safe property. For example, a property owner faces liability if a customer slips on a wet floor in a store because they failed to clean it up or mark the hazard.
To succeed, you must prove that the owner knew or should have known about the dangerous condition, failed to address it, and that this negligence directly caused your back injury. This applies to private properties, such as stores, apartment complexes, homes, and public properties. However, claims against government entities have stricter rules, in some states it includes a six-month deadline to file a claim. Therefore, acting quickly is your best choice.
Drivers or Vehicle Owners in Car Accidents
If a car accident caused your back injury, the driver who caused the crash typically holds primary liability. For instance, if a driver rear-ended you, causing a spinal injury, they can be liable for negligence, such as distracted driving or speeding.
Additionally, the vehicle owner may also be liable if they differ from the driver, as owners can be held responsible for allowing the negligent use of their vehicle. If the driver was working during the accident, their employer can be liable under vicarious liability principles, mainly if the crash occurred during job-related activities. Comprehensive evidence, like police reports and medical records, establishes fault and links the accident to your back injury.
Employers or Third Parties in Workplace Injuries
Workers’ compensation typically provides benefits regardless of fault for back injuries sustained at work, covering medical expenses and lost income. However, if a third party, such as a contractor, equipment manufacturer, or another employee, contributed to the injury, you may file a personal injury lawsuit against them.
For example, if a defective tool caused your back injury, the manufacturer can be liable under product liability laws. If a coworker’s reckless actions led to the injury, they might be personally liable, though workers’ compensation may limit claims against employers.
If the injury occurred due to unsafe working conditions, such as a failure to provide proper safety equipment, you can sue a third-party contractor responsible for maintaining the workplace. Consulting a back injury lawyer is essential to manage these complexities and determine whether a third-party claim is viable with workers’ compensation.
Manufacturers or Sellers in Product Liability Cases
If a defective product—such as a faulty chair, vehicle part, or medical device—caused your back injury, strict liability laws allow you to hold the manufacturer, distributor, or retailer accountable. You don’t need to prove negligence; instead, you must show the product had a design, manufacturing, or marketing defect that caused your injury when used as intended.
For instance, the manufacturer can be liable if a poorly designed office chair collapses and injures your back. Proving the defect and its direct link to your injury is critical, often requiring professional testimony. Retailers or distributors may also be liable if they sold the defective product. Strict liability framework ensures consumers are protected, but cases can be complex, especially when multiple parties in the supply chain are involved.
Medical Professionals in Malpractice Cases
Suppose your back injury was caused or worsened by a healthcare provider’s negligence, such as a misdiagnosis, surgical error, or failure to provide proper treatment. In that case, you may have a medical malpractice claim.
For example, if a doctor failed to diagnose a spinal condition, leading to worsening damage, they can be liable. To succeed, you must prove the healthcare provider breached the standard of care and that this breach directly caused or exacerbated your injury.
In California for instance, medical malpractice cases are complex and subject to a cap of $250,000 on non-economic damages under California’s Medical Injury Compensation Reform Act (MICRA). These cases often require professional medical testimony to establish liability. If the injury occurred in a hospital or clinic, the facility might also be liable for employing negligent staff or failing to maintain proper protocols.
What Is A Back Injury Claim Worth?
Back injuries are common in personal injury claims and can arise from a variety of incidents, each with distinct causes rooted in negligence, accidents, or defective products. Understanding the causes of back injuries is critical for determining liability and pursuing compensation in a lawsuit:
Severity and Type of Back Injury
The nature and severity of the back injury significantly affect the claim’s value. Minor injuries, such as soft tissue strains or sprains, may result in lower compensation, often ranging from $10,000 to $50,000, depending on medical costs and recovery time. More severe injuries, like herniated discs, spinal fractures, or injuries requiring surgery, can lead to settlements or verdicts in the range of $100,000 to $500,000 or more, especially if they cause chronic pain or permanent disability.
For example, a spinal cord injury resulting in partial paralysis can push a claim into the millions due to lifelong medical care and loss of earning capacity. Medical documentation, including MRIs, doctors’ reports, and treatment records, is critical to proving the injury’s extent and justifying higher compensation.
Economic Damages: Medical Expenses and Lost Income
Economic damages form a substantial part of a back injury claim’s value, covering quantifiable losses like medical expenses and lost earnings. Medical costs include emergency room visits, surgeries, physical therapy, medications, and ongoing care, which can quickly accumulate, especially for complex injuries like disc herniations requiring surgical intervention.
For instance, a single spinal surgery can cost $50,000 or more, and long-term rehabilitation may add tens of thousands. Lost earnings account for time missed from work during recovery, and if the injury impairs future earning capacity, this can significantly increase the claim’s value. For example, a construction worker who cannot return to work due to a back injury may claim substantial future income losses. Detailed records, such as medical bills and pay stubs, are vital for substantiating these damages.
Non-Economic Damages: Pain and Suffering
Non-economic damages compensate for intangible losses like pain, suffering, and emotional distress, common in back injury cases due to chronic discomfort or reduced mobility. Some states, such as California, do not cap non-economic damages in car accident claims (unlike medical malpractice cases), so these can significantly increase a claim’s value.
For instance, a victim experiencing ongoing back pain that limits daily activities, such as playing with their children or exercising, may be entitled to higher compensation for the loss of quality of life. Courts or insurance adjusters often calculate pain and suffering using a multiplier, with higher multipliers applied to more severe injuries. Proving these damages often relies on personal testimony, medical professional opinions, and evidence of lifestyle changes.
Insurance Policy Limits and Defendant’s Ability to Pay
The at-fault party’s insurance policy limits can significantly affect the claim’s worth. In California, for example, the minimum liability insurance for bodily injury is $15,000 per person/$30,000 per accident, which may be insufficient for serious back injuries. If the at-fault driver has higher coverage or additional assets, you may recover more through a lawsuit, especially for severe injuries.
However, if the defendant is uninsured or underinsured, your own uninsured/underinsured motorist (UM/UIM) coverage can help cover damages, depending on your policy limits. For example, a herniated disc case might settle for $50,000 if limited by a low policy, but can reach $200,000 or more with adequate coverage or personal assets. A personal injury lawyer can help explore all sources of compensation.
Role of Future Medical Needs and Permanent Disability
Back injuries often require long-term or lifelong medical care, significantly increasing a claim’s value. For instance, a victim needing ongoing physical therapy, pain management, or future surgeries can claim these projected costs, often supported by medical professional testimony.
If the injury results in permanent disability, such as reduced mobility or an inability to work, the claim may include compensation for diminished earning capacity and loss of enjoyment of life. For example, a young professional with a permanent spinal injury might secure a settlement in the hundreds of thousands or millions to account for decades of lost income and care. Economists and actuarial data often provide the foundation for accurately calculating future damages.
Contact A Personal Injury Attorney Now
If you’ve suffered a back injury after a car accident, filing a personal injury lawsuit may allow you to pursue compensation for medical expenses, lost income, and pain and suffering. The value of your claim depends on the injury’s severity, and your attorney will fight for as much as possible.
Act quickly, as there is a statute of limitations under state law that puts a deadline for filing an injury claim or lawsuit. This timeline is typically two to three years from the time of accident, but it varies from state to state. Consult an experienced California personal injury lawyer to evaluate your case, negotiate with insurers, and maximize your compensation, especially for complex injuries requiring ongoing care or impacting your quality of life. Your personal injury attorney will not charge you unless they win your case.